Canadian privacy & access decisions

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information from a contract with Presidia Security Consulting Inc. under subsections 19(1), 20(1)(b), 20(1)(c), and 21(1)(a) of the Access to Information Act. During the investigation, CSC agreed to no longer rely on subsection 21(1)(a) and conceded that some information withheld under subsection 19(1) did not meet the exemption criteria. The Information Commissioner found that CSC had properly applied subsection 19(1) to the remaining personal information, as the criteria were met and no circumstances for discretionary disclosure under subsection 19(2) existed. However, the Commissioner determined that information on page 337 was improperly withheld under paragraphs 20(1)(b) and 20(1)(c), as CSC and Presidia failed to demonstrate how it met the requirements for confidentiality, financial/commercial nature, or potential for financial harm/competitive injury. Consequently, the Commissioner ordered CSC to release the information it had agreed to disclose, as well as the specific information on page 337 previously withheld under section 20. CSC subsequently released the additional information.

• Whether s.19(1) personal information exemption was properly applied
• Whether s.19(2) discretion to disclose personal information was required
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied
• Whether s.20(1)(c) financial impact on a third party exemption was properly applied
• Whether s.21(1)(a) advice or recommendations exemption was properly applied

The complainant alleged that Transport Canada's 510-day time extension to respond to an access request was unreasonable. The request sought records related to the implementation of new testing and quarantine measures for non-essential international air travel. Transport Canada justified the extension under paragraphs 9(1)(a) for a large volume of records, 9(1)(b) for necessary consultations with five other government institutions, and 9(1)(c) for third-party consultations. The Commissioner found that the request involved a large volume of records (over 3,000 pages) and that responding within 30 days would unreasonably interfere with Transport Canada's operations, particularly due to COVID-19 restrictions limiting on-site access to classified documents. The Commissioner also determined that consultations with other government bodies and third parties were necessary and could not be completed within 30 days. The Commissioner concluded that the total 510-day extension was reasonable given the circumstances, including the pandemic's impact on operations and the complexity of consultations. Therefore, the complaint was not well founded.

• Whether the time extension taken by Transport Canada was unreasonable
• Whether the request was for a large number of records or required searching through a large number of records (s.9(1)(a))
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations (s.9(1)(a))
• Whether the extension of time was for a reasonable period, given the circumstances (s.9(1)(a))
• Whether consultations on the requested records were necessary (s.9(1)(b))
• Whether consultations could reasonably be completed within 30 days (s.9(1)(b))
• Whether the extension of time for consultations was for a reasonable period, given the circumstances (s.9(1)(b))
• Whether consultations with third parties were necessary (s.9(1)(c))
• Whether the extension of time for third-party consultations was for a reasonable period, given the circumstances (s.9(1)(c))
• Whether Transport Canada met the requirements to claim an extension of time by notifying the requester within 30 days